Posted in:
First Tuesday Q&A NI
on 07/08/2018
It would not normally be appropriate to consider external candidates for a vacancy during a redundancy exercise. There is nothing wrong with implementing a competitive interview process to choose between candidates (i.e. to match vacant roles with the potentially redundant employees) but to conside...

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Posted in:
First Tuesday Q&A NI
on 07/08/2018
The recent spell of good weather has generated increased questions regarding temperatures in the workplace. Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 provides that during work hours, the temperature in all workplaces inside buildings shall be re...

Posted in:
First Tuesday Q&A NI
on 07/08/2018
Firstly, there is no legal obligation for an employer to provide a reference. However, there may be a contractual obligation if provision of a reference is stated in terms of employment or a contractual staff handbook.
The GDPR and Data Protection Act 2018 (“DPA 2018”) require a lawful basis for pr...

Posted in:
First Tuesday Q&A NI
on 07/08/2018
Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to th...

Posted in:
First Tuesday Q&A NI
on 03/07/2018
All individuals engaged under a contract of employment, agency workers and home workers have a statutory right under Article 12 of the Employment Relations (Northern Ireland) Order 1999, to be accompanied to a disciplinary or grievance meeting. The accompanying individual may be a colleague, trade ...

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Posted in:
First Tuesday Q&A NI
on 03/07/2018
There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies.
However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a clo...

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Posted in:
First Tuesday Q&A NI
on 03/07/2018
The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken.
To be eligible for shared parental leave, the mother must:
Have employee status;
Be continuousl...

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Posted in:
First Tuesday Q&A NI
on 03/07/2018
Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods.
In relation to term time workers, employers wil...

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Posted in:
First Tuesday Q&A NI
on 05/06/2018
An employee should resign in the normal way, in line with the notice period stated in their employment contract. If you resign during your maternity leave, you do not have to go to work during your notice period, you can remain on maternity leave.
Maternity pay lasts for 39 weeks but maternity leav...

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Posted in:
First Tuesday Q&A NI
on 05/06/2018
There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes.
Under the G...